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Civil Rights & Abortion Discuss Hawaii Senate passes gay marriage bill at the Political Forums; Originally Posted by rivrrat what constitutional right is that? The first amendment - Free exercise clause - SCOTUS has already ...

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Old 11-13-2013, 02:36 PM
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Default Re: Hawaii Senate passes gay marriage bill

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what constitutional right is that?
The first amendment - Free exercise clause - SCOTUS has already ruled on this many times
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Old 11-13-2013, 03:24 PM
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Default Re: Hawaii Senate passes gay marriage bill

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Pure and simple...he constitutional rights trump state laws................
So if a Muslim judge wanted to incorporate his religion into his judicial duties, you would think that protected by first amendment as well?

Like I pointed out, this isn't reinventing the wheel. People have already claimed that it's against their religion for races to inter-marry, religions to inter-marry, etc...


What you SHOULD be asking yourself is if this is truly covered by the first amendment, then why does it need to be in the state legislation?
(Hint: They want it in there because it's not covered by the first amendment.)
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Old 11-13-2013, 03:29 PM
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Default Re: Hawaii Senate passes gay marriage bill

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The first amendment - Free exercise clause - SCOTUS has already ruled on this many times
How is that infringed? No one is stopping the any asswipe judge from 'exercising' their mythological beliefs. They're perfectly free to go to whatever house of worship they want. They're free to believe whatever crazy sh*t they want. This law that grants women and men equal rights in marriage in Hawaii doesn't stop anyone from believing whatever stupid sh*t they want to.
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Old 11-13-2013, 03:36 PM
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Default Re: Hawaii Senate passes gay marriage bill

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So if a Muslim judge wanted to incorporate his religion into his judicial duties, you would think that protected by first amendment as well?

Yes it would.........I find it odd you choose Muslim as if it would be a hot button or something A Muslim judge would never be presiding over a pork related case.......He would and should recuse himself because he is impartial on the subject.
Like I pointed out, this isn't reinventing the wheel. People have already claimed that it's against their religion for races to inter-marry, religions to inter-marry, etc...


What you SHOULD be asking yourself is if this is truly covered by the first amendment, then why does it need to be in the state legislation?
(Hint: They want it in there because it's not covered by the first amendment.)
Hint: States are notorious for infringing on the constitution.....

Should I post the case where the SCOTUS ruled on just this type of scenario or are you smart enough to find it yourself?

There will be plenty of judges to handle the ceremonies..........its really much ado about nothing.
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Old 11-13-2013, 05:24 PM
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Post Re: Hawaii Senate passes gay marriage bill

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Hint: States are notorious for infringing on the constitution.....
Should I post the case where the SCOTUS ruled on just this type of scenario or are you smart enough to find it yourself?
Please post it yourself, if you were actually "smart enough" to find something in the first place.

But of course, this begs the question as to why it should be included in the legislation if it's already covered by SCOTUS and the constitution.
You claim states are notorious for infringing, but such an infringement would be a quick lawsuit fix if SCOTUS had already ruled on it...
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Old 11-13-2013, 05:37 PM
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Default Re: Hawaii Senate passes gay marriage bill

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Please post it yourself, if you were actually "smart enough" to find something in the first place.

But of course, this begs the question as to why it should be included in the legislation if it's already covered by SCOTUS and the constitution.
You claim states are notorious for infringing, but such an infringement would be a quick lawsuit fix if SCOTUS had already ruled on it...
Chocked full of sites.

http://en.wikipedia.org/wiki/Free_Exercise_Clause
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Old 11-13-2013, 05:40 PM
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Default Re: Hawaii Senate passes gay marriage bill

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Please post it yourself, if you were actually "smart enough" to find something in the first place.

But of course, this begs the question as to why it should be included in the legislation if it's already covered by SCOTUS and the constitution.
You claim states are notorious for infringing, but such an infringement would be a quick lawsuit fix if SCOTUS had already ruled on it...
Not to mention the law is not even signed yet............the lawsuits are awaiting.........First they will determine if its even constitutionally valid in Hawaii
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Old 11-13-2013, 06:12 PM
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Post Re: Hawaii Senate passes gay marriage bill

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Originally Posted by PT Again View Post
I kind of expected something ridiculously lame like that.
At least you didn't give: Let me google that for you


You claimed: "SCOTUS ruled on just this type of scenario".
Name the case...

Otherwise, you're really stretching. This "don't want to perform gay marriages" is simply prejudice hiding behind faux religion.
There is no religious tenant saying that you can't marry people of the same gender.
There ARE religious tenants forbidding remarriage and a variety of other restrictions on marriage. But of course, we don't see Christians trying to invoke THOSE religious rules...


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Not to mention the law is not even signed yet............the lawsuits are awaiting.........First they will determine if its even constitutionally valid in Hawaii
As I pointed out, this isn't new ground.
People claimed religious objections to interracial marriage as well. There are actual religious laws regarding remarriage and a variety of other issues.

If it's a judge who took a job to uphold the law, then he should be required to uphold the law.
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Old 11-13-2013, 07:00 PM
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Default Re: Hawaii Senate passes gay marriage bill

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You (predictably) fail to address the central question.
I'm not interested in pretending you or I are lawyers--but one thing is certain, these 5 socially moderate law professors are probably much more knowledgeable about this case than you are.
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Old 11-13-2013, 07:07 PM
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Default Re: Hawaii Senate passes gay marriage bill

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I'm not interested in pretending you or I are lawyers--but one thing is certain, these 5 socially moderate law professors are probably much more knowledgeable about this case than you are.
"5 socially moderate law professors"
Kindly document this claim that the 5 law professors involved were "socially moderate"...


The article itself is more of an opinion piece than anything else. It's clearly tilted towards one side, never bothering to give "the other side" of the story.
It's rather conspicuous how they claim "five noted law professors", but then they only name one of them. Douglas Laycock.
And if you examine the history of Mr. Laycock, he's a prolific pro-religion advocate. If one were interested in getting a comment favoring the religion side of the issue, he's a guy you would talk to.
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